Friday, October 21, 2011

BECAUSE IT’S IMPORTANT NOT TO KNOW – The United States Senate Edition

Senator Jim Webb (D. Va.) had an idea.He knew the criminal justice system in
this country was a mess.He just
didn’t know all the details.The
idea?

Let’s find out what the details are.

Maybe there’s something we can do
about it.Or maybe not.But we can’t tell if we remain
ignorant.

The Senate said no.More precisely, 43 members of the Senate said no.That’s a minority, of course, but since
it takes 60 votes to get anything passed in the Senate these days, 43 votes was
enough to defeat Webb’s proposal.

Now, I don’t want to be misleading or dishonest here.The 43 didn’t say it would be better
not to know.They said, instead,
that finding out would violate the Constitution.

Huh?Yep.It’s state’s rights.(So was segregation, for those of you
with short memories of who lack the gravitas that comes from being old.)The Constitution, you see, ensures not
just that the feds can’t interfere with what the states do.It also prohibits the feds from finding
out.

“We’re absolutely ignoring the U.S. Constitution if you do this,” said
Sen. Tom Coburn (R-Okla.) in closing. “We have no role unless we’re
violating human rights or the U.S. Constitution to involve ourselves in
the criminal court system or penal system in my state or any other
state…I would urge a no vote against this and honor our Constitution.”

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About Me

Criminal defense lawyer, public defender, civil libertarian (former Legal Director of American Civil Liberties Union of Ohio), anti-death penalty activist, public speaker.
After many years in private practice, I'm now a public defender in the Cuyahoga County Public Defender's Office.
My first career was English Professor. I studied medieval and renaissance English Literature, taught literature, film, and composition. I've been a film critic.
NONE OF WHAT APPEARS IN THIS BLOG SHOULD BE TAKEN AS LEGAL ADVICE.
ALSO, PLEASE NOTE THAT THE STUFF I WRITE IS MINE ALONE. I STAND MORE OR LESS BEHIND IT, BUT I DO NOT SPEAK FOR ANY OTHER LAWYER OR ANY GROUP OF LAWYERS AND CERTAINLY NOT FOR THE OFFICE OF THE CUYAHOGA COUNTY PUBLIC DEFENDER.